Published: Thursday, February 28, 2013 at 6:13 p.m.

Last Modified: Thursday, February 28, 2013 at 6:13 p.m.

No matter how many drug crimes State Attorney Ed Brodsky happily prosecutes, he says it is time Florida joins other states and consider some legal changes.

In particular, changes to state laws outlawing the medical use of marijuana, he means.

“I think they should be revisited,” Brodsky said Thursday.

But for now, are Brodsky's hands tied? Will he have to file charges in the seizure of backyard marijuana plants at the home of a Manatee County woman who, for years, has outspokenly told of using marijuana to ease the severely paralyzing symptoms of Lou Gehrig's disease?

After all, cultivation of marijuana is a felony, unlike simple possession. And pot plants were clearly being grown in the yard at the home of Cathy and Robert Jordan.

So, are the Jordans likely doomed to criminal prosecution even if Brodsky wishes he could just let the whole thing slide?

No, not at all.

Brodsky and other legal eagles say if he thinks criminal charges make no sense for a couple coping with a terrible and fatal disease — one that has put Cathy Jordan in a wheelchair and is expected to get gradually worse — Brodsky could just decline to file any charge at all.

He doesn't need to find some technical excuse, either, like a foul-up with the chain of evidence or the like.

“We're vested with prosecutorial discretion,” Brodsky told me. If he thinks filing charges is not in the best interest of the people and the state, he doesn't have to.

Brodsky couldn't talk about the Jordan case, exactly, and officially, he didn't even have it yet when we talked early Thursday afternoon. He knew Manatee County sheriff's deputies had seized two plants and a couple dozen three-inch seedlings after the Sheriff's Office got a call from a real estate inspector who saw the plants from next door.

But no arrest was made.

Brodsky said he talked to Manatee Sheriff Brad Steube about the situation. As a result, Brodsky said he knows that Cathy Jordan is not the one to be named in the paperwork as the alleged grower. Her husband, Robert, would be the one facing possible charges.

But though it is somewhat unusual, Brodsky said he is hoping one of his top prosecutors will get to talk to the Jordans, soon, through their lawyer and before much else happens.

Taking the hint, I passed that word to the Jordans. Robert Jordan soon afterward said their lawyer had been so informed and was starting to make arrangements for a conversation with prosecutors.

The lawyer, Michael Minardi, is based in Stuart and has been handling other medical marijuana cases. He told me he hopes the case is dropped, and says it wouldn't be the first time prosecutors have done that in obvious medical marijuana cases.

Robert Jordan just told me he hopes prosecutors are seeing that this is not a case of criminal misuse of a drug, but of its best possible use. His wife's situation is a long-term medical emergency and marijuana is the only thing that has done her much good, he says.

“We tried everything,” he said. The pharmacy drugs are not only expensive but dangerous and nearly useless, they decided. They believe marijuana has kept Cathy Jordan alive and functioning, and for far longer than most people who have the disease.

What makes this legal situation tricky is that he says he can't make any deal that includes a promise to stop what he is doing. His isn't a choice to grow those plants, he said.

“This is a need,” Jordan said.

Tom Lyons can be contacted at tom.lyons@heraldtribune.com or (941) 361-4964.

<p>No matter how many drug crimes State Attorney Ed Brodsky happily prosecutes, he says it is time Florida joins other states and consider some legal changes.</p><p>In particular, changes to state laws outlawing the medical use of marijuana, he means.</p><p>“I think they should be revisited,” Brodsky said Thursday.</p><p>But for now, are Brodsky's hands tied? Will he have to file charges in the seizure of backyard marijuana plants at the home of a Manatee County woman who, for years, has outspokenly told of using marijuana to ease the severely paralyzing symptoms of Lou Gehrig's disease?</p><p>After all, cultivation of marijuana is a felony, unlike simple possession. And pot plants were clearly being grown in the yard at the home of Cathy and Robert Jordan. </p><p>So, are the Jordans likely doomed to criminal prosecution even if Brodsky wishes he could just let the whole thing slide?</p><p>No, not at all.</p><p>Brodsky and other legal eagles say if he thinks criminal charges make no sense for a couple coping with a terrible and fatal disease — one that has put Cathy Jordan in a wheelchair and is expected to get gradually worse — Brodsky could just decline to file any charge at all.</p><p>He doesn't need to find some technical excuse, either, like a foul-up with the chain of evidence or the like.</p><p>“We're vested with prosecutorial discretion,” Brodsky told me. If he thinks filing charges is not in the best interest of the people and the state, he doesn't have to.</p><p>Brodsky couldn't talk about the Jordan case, exactly, and officially, he didn't even have it yet when we talked early Thursday afternoon. He knew Manatee County sheriff's deputies had seized two plants and a couple dozen three-inch seedlings after the Sheriff's Office got a call from a real estate inspector who saw the plants from next door.</p><p>But no arrest was made.</p><p>Brodsky said he talked to Manatee Sheriff Brad Steube about the situation. As a result, Brodsky said he knows that Cathy Jordan is not the one to be named in the paperwork as the alleged grower. Her husband, Robert, would be the one facing possible charges.</p><p>But though it is somewhat unusual, Brodsky said he is hoping one of his top prosecutors will get to talk to the Jordans, soon, through their lawyer and before much else happens.</p><p>That requires that the Jordans' lawyer call Brodsky's office, Brodsky said.</p><p>Taking the hint, I passed that word to the Jordans. Robert Jordan soon afterward said their lawyer had been so informed and was starting to make arrangements for a conversation with prosecutors.</p><p>The lawyer, Michael Minardi, is based in Stuart and has been handling other medical marijuana cases. He told me he hopes the case is dropped, and says it wouldn't be the first time prosecutors have done that in obvious medical marijuana cases.</p><p>Robert Jordan just told me he hopes prosecutors are seeing that this is not a case of criminal misuse of a drug, but of its best possible use. His wife's situation is a long-term medical emergency and marijuana is the only thing that has done her much good, he says.</p><p>“We tried everything,” he said. The pharmacy drugs are not only expensive but dangerous and nearly useless, they decided. They believe marijuana has kept Cathy Jordan alive and functioning, and for far longer than most people who have the disease.</p><p>What makes this legal situation tricky is that he says he can't make any deal that includes a promise to stop what he is doing. His isn't a choice to grow those plants, he said.</p><p>“This is a need,” Jordan said.</p><p>Tom Lyons can be contacted at tom.lyons@heraldtribune.com or (941) 361-4964.</p>